Arrangements for deposit accounts (ADA)
CONTENTS
1. General provisions
2. Formalities for opening an account
3. Administration of the accounts
4. Inpayments
5. Conditions of operating the account
6. Debiting the account
7. Automatic debiting procedure
8. Online fee payment via My.epoline®
9. Debiting the account by diskette
10. Closing the account
11. Debiting annual subscriptions of members of the Institute of Professional Representatives before the European Patent Office
1. General provisions
Under Articles 5(2) and 8(2) of its Rules relating to Fees (RFees), the EPO has introduced, for any interested natural or legal person (or bodies equivalent to a legal person under the law applicable to them), deposit accounts for paying its fees, costs and prices.
2. Formalities for opening an account
2.1 To open a deposit account, a signed written request must be made, together with an initial inpayment.
2.2 This request must be sent to the following address:
European Patent Office Vienna sub-office
Dir. 4.5.4
PO Box 90
A-1031 Vienna
Fax: (+43-1) 5 21 26 2594
E-mail: bookorder@epo.org
It must contain all necessary particulars about the person, occupation and address of the would-be account holder.
If it is filed by fax or e-mail, no letter of confirmation (or, in the latter case, signature) is required.
2.3 The initial inpayment should be commensurate with the requester's requirements and intended frequency of replenishment.
3. Administration of the accounts
Deposit accounts are kept in euro only, at the EPO headquarters in Munich.
4. Inpayments
Inpayments to replenish deposit accounts must be made into an EPO account. They are credited to the deposit account with the value date of the inpayment into the EPO account. They may be made only in the currency in which the EPO account concerned is held. If made into an EPO account held in a currency other than euro, they are converted into euro at the exchange rate pertaining on the inpayment date and the resulting euro amount is credited to the deposit account.
5. Conditions of operating the account
5.1 Once the deposit account has been opened, its number is notified to the holder, who must indicate it whenever making payments.
5.2 The holder must ensure that the account contains sufficient funds at all times. Article 8(1), (3) and (4) RFees applies mutatis mutandis to replenishment payments.
5.3 Debit orders are booked in chronological order of receipt by the EPO. Where they relate to multiple transactions, these are booked in the sequence given on the order, unless otherwise stated.
5.4 Several times each month, the holder is sent a detailed statement of account. Registered My.epoline® users can also view their account transactions online. Any errors noted must be notified to the EPO without delay.
6. Debiting the account
6.1 Subject to point 11, deposit accounts may be debited only in respect of fees, costs and prices payable to the EPO.
6.2 Debiting occurs on the basis of a written debit order signed by the account holder. Debit orders may also be filed online via My.epoline®1, on diskette or by fax, in which case no written confirmation (or signature, in the case of online filing) is required.
6.3 The debit order must contain the particulars necessary to identify the purpose of the payment and must indicate the number of the account which is to be debited. Upon receipt by the EPO, the debit order is stamped with the date of receipt. Provided there are sufficient funds in the deposit account to cover the total debit, this date is considered as the date on which payment is made.
6.4 If the account does not contain sufficient funds to cover the fee payments indicated on the debit order (shortfall), the holder is informed accordingly by post, fax or e-mail.
6.5 If, within one month of receipt of the communication under point 6.4, the account is sufficiently replenished to enable the fee to be debited and, within the same period, an administrative fee under point 6.6 is paid, then the date on which the debit order was received is regarded as that on which payment was made; whether or not the debit order was received in time is determined in accordance with points 6.8 and 6.10.
6.6 The administrative fee is 30% of the shortfall, but not less than euro 50 or more than euro 305. If this fee is paid by debit order from the deposit account, at the latest by the time the one-month period under point 6.5 expires the account must contain sufficient funds to enable it to be debited.
6.7 If an administrative fee under points 6.5 and 6.6 is not paid in time, payment is deemed to have been made on the date on which the deposit account was duly replenished.
6.8 If the EPO receives a debit order by post after expiry of a time limit, under Article 8(3) and (4) RFees that time limit is considered to have been observed if evidence is provided to the EPO that the person who made the payment
(a) despatched at a post office in a contracting state, within the time limit for making the payment, a letter bearing the address of the EPO containing the order, provided the account contained sufficient funds on the date on which the time limit expired, and
(b) paid a surcharge of 10% on the relevant fee or fees, but not exceeding euro 150; no surcharge is payable if the letter was despatched not later than ten days before expiry of the time limit for payment.
Such letters should be sent by registered mail to ensure that such evidence is available.
6.9 If a European patent application is filed under Article 75(1) EPC with a competent national authority, the debit order for the fees under Article 78(2), Article 79(2) and Rule 31(1) EPC may be attached to the application.
6.10 If a debit order under point 6.9 is received by the EPO after expiry of the time limit for paying the fees, such time limit is considered to have been observed if evidence is available or is supplied to the EPO that the debit order was filed with the competent national authority together with the application, provided the account contained sufficient funds on the date on which the time limit expired.
7. Automatic debiting procedure
Account holders may have their accounts debited automatically on the basis of an automatic debit order. The conditions applicable, and in particular the types of proceedings and fees covered, are laid down in separate Arrangements for the automatic debiting procedure (AAD)2.
8. Online fee payment via My.epoline®
Debit orders may also be filed online via My.epoline®, under conditions laid down in separate Arrangements3.
9. Debiting the account by diskette
Holders of deposit accounts may be authorised to debit them by diskette, under conditions laid down in separate Arrangements4. This procedure may be restricted to specific categories of fees.
10. Closing the account
10.1 A deposit account may be closed at the written request of the holder or his successors in title.
10.2 In addition, the EPO reserves the right to close any account which fails to comply with point 5.2.
10.3 On closure of the account, the credit balance is refunded by cheque or transfer to the holder or his successors in title.
11. Debiting annual subscriptions of members of the Institute of Professional Representatives before the European Patent Office
11.1 Under the Administrative Agreement of 5 April 1993 between the European Patent Office and the Institute of Professional Representatives before the European Patent Office (epi)5, deposit accounts may be debited with epi members' annual subscriptions as specified below upon submission of a debit order signed by the epi and based on one or more direct debiting mandates issued to the epi by the account holder and not submitted to the EPO.
11.2 Debit orders under point 11.1 are carried out with effect from the fixed debiting dates of 25 February and 25 June each year only; Rule 85(1) EPC on the extension of time limits does not apply. They are transmitted to the EPO on a data carrier specified by the EPO and comprise, in one overall sum, all annual subscriptions to be debited from a deposit account. The date of payment is that on which the account is debited.
11.3 If, after priority has been given to fees, costs or prices payable to the EPO, a deposit account does not contain sufficient funds on the debiting date to cover the epi debit order, the order is not carried out and is returned to the epi.
11.4 Points 5.3 and 6.2 to 6.10 do not apply to debit orders under point 11.1.